Punjab-Haryana High Court
M/S Wewa Shields Systems Private ... vs M/S Xeam Ventures Private Limited ... on 6 June, 2023
Neutral Citation No:=2023:PHHC:081552
CRM-M-26531-2023 -1- 2023:PHHC:081552
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
118 CRM-M-26531-2023 (O&M)
Date of Decision: 06.06.2023
M/S WEWA SHIELDS SYSTEMS PRIVATE LIMITED AND OTHERS
......... PETITIONERS
V/S
M/S XEAM VENTURES PRIVATE LIMITED AND OTHERS
......... RESPONDENTS
CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL
Present: Mr. Dinesh Kumar, Advocate
for the petitioners.
****
JAGMOHAN BANSAL, J. (Oral)
CRM-26048-2023
Prayer in this application is for placing on record the medical
of applicants No.2 and 3 as Annexures P/19 and P/20.
Allowed as prayed for and the medical of applicants No.2 and
3 as Annexures P/19 and P/20 are taken on record subject to all just
exceptions.
Registry is directed to tag the same at an appropriate place.
CRM-M-26531-2023
Through instant petition under Section 482 of Code of Criminal
Procedure, 1973, the petitioners No.2 and 3 are seeking quashing of order
dated 24.04.2023 (Annexure P-16) passed by JMIC, SAS Nagar, whereby bail
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Neutral Citation No:=2023:PHHC:081552
CRM-M-26531-2023 -2- 2023:PHHC:081552
bonds furnished by the petitioners have been cancelled and surety bonds are
forfeited to the State.
Learned counsel for the petitioners inter alia contends that
petitioners No.2 and 3 appeared before trial Court on 22.03.2023 and
furnished their bail bonds. On 24.03.2023, petitioner No.2 was absent,
however, petitioner No.3 was present. On 24.03.2023, the matter was
adjourned to 24.04.2023 and on the said date on account of medical issues,
the petitioners could not appear before the trial Court and moved an
application seeking exemption which came to be rejected. The petitioners
are not involved in any other case. They further undertake to appear on
each and every date except specifically exempted. The petitioners are ready
to pay costs of Rs.35,000/-for wasting valuable time of Court and
prosecution.
Intent of arrest and reason of denial of bail is to secure the
appearance of the accused at the time of trial. A person who seeks to be
liberated must take judgment and serve sentence in the event of his
conviction. The nature of the crime charged, severity of punishment
prescribed, prime facie available evidences, history & background of the
accused may indicate that any amount of bond and surety is not going to
secure presence of accused, at the time of conviction.
Keeping in mind:
i) The object of cancellation of bond or declaration of
anyone as proclaimed offender/person is to secure his
presence. The petitioners have come forward to face trial
and undertake to appear before trial court on each and
every date, thus, their presence would meet ends of justice;
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ii) The Petitioners are ready to furnish fresh bond/surety to
the satisfaction of the trial court;
iii) The petitioners for wasting valuable time and energy of
Court as well as complainant are willing to pay costs of
Rs.35,000/- ;
iv) The petitioners are not involved in any other case;
v) The petitioners were earlier on bail and are ready to face
trial, thus, no prejudice is going to cause to complainant;
vi) Trial is pending since 2020 and it is in the interest of
justice that trial is concluded at the earliest;
this court is of the considered opinion that present petition
needs to be allowed, and accordingly, petition is allowed. The petitioners
are directed to appear on or before Trial Court on 04.07.2023 and furnish
fresh bail bond/surety bond. The petitioners, as agreed shall pay costs of
Rs.35,000/- to the respondents/complainant.
Disposed of.
( JAGMOHAN BANSAL )
JUDGE
06.06.2023
anju
Whether speaking/reasoned Yes/No
Whether Reportable Yes/No
Neutral Citation No:=2023:PHHC:081552
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